TERMS OF USE OF THE EMMA APP (PATIENT SECTION)
1. Introductory provisions
1.1Emmy Medical s.r.o., Company ID: 06785247, with registered office in Levohradecké nam. 1066, 252 63 Roztoky, conducted at the Municipal Court in Prague pod sp. zn. C 288901 (hereinafter referred to as C ”Emmy“), operates the Emmy web application (hereinafter referred to as ”Application“), which makes it easier for health care providers (hereinafter referred to as ”PZS“) communication with their patients.
1.2These Terms of Use (hereinafter referred to as ”Terms and Conditions“) govern the mutual rights and obligations between you and Emmy if you become a user of the patient portion of the App available at https://moja.emmy.sk/(hereinafter referred to as ”User“), by accepting these Terms and by completing the creation of a patient user account in the Application (hereinafter referred to as ”User account“).
1.3Emmy is by no means a health care provider. Emmy is only the operator of the Application as a technical solution for the organization of the provision of health care, which allows the PZS to connect online with the patient. The application is not conceived as a medical remedy.
2. User account and its creation
2.1. The application cannot be used without a User account. To become a User, you must be a natural person over 18 years of age. When creating a User Account, you are then obliged to enter only your own, complete and true data, which you undertake to keep up to date. Please check the details carefully before sending. You can also use the BankID service to register for the User Account.
2.2. By accepting the Terms when creating a User Account, you confirm that you have thoroughly familiarized yourself with the text of the Terms and Conditions and agree to the use of remote means of communication in the conclusion of the contract. By completing the User Account creation process (verifying your email address), a contract is entered into between you and Emmy, by which you agree to comply unreservedly. The contract thus concluded is constituted by the act of creating a User Account and the content of these Terms (hereinafter referred to as”Contract“). The contract can only be concluded in Czech and Slovak languages, with the fact that it is archived in electronic form by Emma and is not accessible.
2.3.By submitting the completed registration form, you expressly request that a User Account be set up for you online immediately (i.e. before the expiry of the withdrawal period concluded remotely), and you agree that in this case you will not have the right to withdraw from the Agreement.
2.4.Under the Agreement, Emmy will maintain your User Account in the Application, which allows you to link to the selected PZS for the purpose of submitting online requests (hereinafter referred to as ”Requirements“), and at the same time ensures that you receive important notifications to your email address about changes in the status of your Requests.
2.5.You are obliged to keep your User Account login details confidential and not to disclose them to a third party. Otherwise, Emmy cannot ensure the security of your data. You are solely responsible for any use of your User Account.
3. Application Usage and Requirements
3.1. The application serves to organize the provision of medical care and is not a substitute for a personal visit to a medical institution. Emmy does not guarantee the appropriateness of using the PZS Contact App in your particular case. In particular, the application does not serve to contact PZS in case of urgent medical conditions and does not replace emergency lines. In cases of danger to life, call 112 or 155!
3.2. The purpose of the Application is not to mediate the provision of health care. All the presentation of PZS services, especially in their patient Request templates, is for informational purposes only, is not a proposal for conclusion of a contract by the PZS and serves primarily to facilitate communication with your chosen PSAs.
3.3. The Application shows PSAs that use the Application to receive Patient Requests, which may be your registering PSAs, or PSAs receiving requests from unregistered patients or PSAs who do not register patients due to the nature of their services. The availability of PZS in the App is not a recommendation of PZS by Emma, nor a guarantee of the quality of the services of that PZS. Emmy also does not guarantee that the PZS in question is an eligible holder of a health care authorization. Your right to freely choose your healthcare provider remains unaffected.
3.4. Emmy does not interfere in any way with the provision of health care and the legal relationship between you and your chosen PZS. The provision of health care by PZS takes place completely independently of Emma, and is the sole responsibility of the relevant PZS, which is bound by legal and state regulations. Emmy does not bear any responsibility in relation to the provision of health care by PZS.
3.5. The receipt and resolution of Requests are completely under the control of your chosen PZS, which is also solely responsible for them. Thus, Emmy does not guarantee that your Request will be resolved, that it will be resolved in a timely manner, or that it will be resolved to your satisfaction, and does not assume any liability in this regard. You acknowledge that you do not have the right to require the PZS to resolve your request without a personal visit to a medical facility. You further acknowledge that PZS has the right to delete your Request at any time from the Application or archive it, as a result of which the Request will no longer be accessible to you. In case of appointment of a patient representative, the PZS chosen by you is responsible for setting up this representation in Emmy and for verifying the legal title to represent the patient.
3.6. PZS is solely responsible for fulfilling all legal information obligations and instructing you in relation to the provision of health care, as well as the use of the Application in connection with it.
3.7. The information provided or communicated to PZs via the Application, including templates of accepted Requirements, is the responsibility of the respective PZs, not Emmys. Emmy has no control over this information. Thus, Emmy does not guarantee the accuracy and completeness of the information provided or communicated (e.g. the date of the personal visit, the prices of the performances, the results of examinations, etc.), its compliance with the legislation, or the appropriateness of using the requirements templates of the relevant PZS in your particular case.
3.8. PZS undertakes to address only seriously intended and non-abusive Requests, containing only true and accurate data. You acknowledge that in the event of an order, you are obliged to attend a personal visit to the medical facility on the agreed date towards the respective PZS. You are obliged to inform PZS in good time about any changes or cancellation of the order. By not attending an agreed personal visit to a medical facility, you can cause PZS damage. You acknowledge that PZS may change or cancel your order, in particular for important operational reasons.
3.9. By submitting a Request to PZS, you expressly agree that PZS may use the Application to respond to the Request (e.g. create an order for a personal visit or send a short message), and you acknowledge that you have considered all aspects of this method of communication, including the security of the Application.
3.10. You acknowledge that some PZS services may not be covered by your health insurance company or may only be partially covered. It is the sole responsibility of the selected PZS to provide information on the prices of these services and any additional fees or costs. The application does not allow PZS to receive payments and all payments for services are thus paid directly to PZS when visiting a medical facility.
3.11. In the event that you make available to PZS any content (e.g. personal data or personal attributes of third parties, works of authorship, etc.) through the Application, you undertake that you are entitled to do so (in particular, that you have the appropriate licenses, consent), and that the access and use of the content within the Application will not affect the rights of third parties, nor will they otherwise violated legislation. You further agree that the uploaded content will not conflict with the good morals or legitimate interests of Emmy or PZS. In the event of a breach of these obligations, Emmy reserves the right to remove any content uploaded by you from the Application. By uploading content, you grant Emmy and the selected PZS the right (in terms of the copyright license, or also permission to use personality attributes, if applicable) to use the relevant content free of charge to the extent necessary to provide the services requested by you.
3.12. User account management is currently free, but Emmy does not guarantee that this will always be the case. Some features of the App may be charged in the future. Due to the gratuitousness of the performance provided by Emma, you are not entitled to any rights from defective performance. The costs of using the means of distance communication necessary for the conclusion of the Agreement and the use of the Application are borne by you as the User, with the fact that they do not differ from the basic rate. You, as a User, do not incur any delivery costs or other additional charges in connection with the use of the Application.
3.13. Emmy makes reasonable efforts to keep the App available, secure and error-free at all times. However, it is a complex IT system that, among other things, also depends on third-party infrastructure. Therefore, the Application is provided to Emmy without any guarantees and obligations regarding the level of services provided, in particular, Emmy does not guarantee that the Application and its individual functionalities will always function flawlessly, will be continuously available and their security will not be compromised, in particular due to force majeure, cyber attack, technical failures or periodic maintenance. Thus, Emmy is not liable for any damage you may incur as a result of the above.
3.14. Emmy further reserves the right to modify or terminate the Application at any time. Thus, Emmy is not liable for any damage you may incur as a result of the above.
3.15. For the use of the Application, an electronic device (computer, mobile or tablet) equipped with an Internet connection and a standard Internet browser, and then a functional mobile number and e-mail address are necessary.
3.16. The application and its content may be protected by intellectual property rights. Under these Terms, you, as a User, are entitled to use the Application exclusively in a standard manner, which is considered to be use through a User Account via the web interface, and only for the purposes resulting from these Terms. In addition to this permission, as a User of the Application you do not acquire any other rights to the Application and its content. Thus, without prior permission from Emma or the relevant rights holders, the Application, any components or content, including source codes, logos and other graphic elements, may not be used other than as described above and for the purposes set out above. In particular, these elements may not be modified, included in collective works, or otherwise interfered with, reproduced, disseminated, communicated to the public, lent or rented.
3.17. You must not abuse and use in relation to the Application any procedures, software tools or scripts that could adversely affect its operation, disrupt its functionality or cause an unreasonable load on it, nor may you perform any other activity that could constitute an unauthorized interference with the Application with respect to its purpose and functioning.
3.18. When using the Application, you are required to comply with all applicable laws. In the event that you commit a breach of these Terms or applicable law, as well as in the event of a reasonable suspicion of such violation, Emmy reserves the right, without notice and without any compensation, to temporarily restrict your access to the Application, or immediately withdraw from the Agreement and terminate your User Account.
4. Protection of personal data
4.1.In conjunction with the use of the application, the processing of your personal data is possible. Emmy is the administrator of your personal data in connection with the management of your User account in the Application and the use of its interface, the user requests, including the ordering of personal information and communication, is also the administrator. Lovely PZS.
4.2.Our privacy policy regarding the patient portion of the Application is contained in a separate document available here, but it forms an integral part of these Terms. By agreeing to the Terms, you also agree to the content of this privacy policy.
4.3.We also use cookies to operate the Application. Our cookie policy is contained in a separate document available here, but it forms an integral part of these Terms. By agreeing to the Terms and Conditions, you also agree to the content of the aforementioned cookie policy.
5. Final provisions
5.1. The contract under these Terms is concluded for an indefinite period. As a User, you have the right to terminate the Agreement at any time without giving any reason, by canceling your User Account. You can send a cancellation request to Emma's contact listed below, and this request will be processed by Emma without undue delay. Emmy also has the right to terminate the Agreement without giving any reason, by means of a termination with a monthly notice period beginning on the first day of the calendar month following the sending of the notice to the email address associated with your User account or after its notification in the Application interface. In connection with the termination of the Agreement, your User Account will be terminated.
5.2. As a User, you are not entitled to assign or transfer your rights and obligations under the Agreement to a third party. Instead, you agree that all rights and obligations of Emma under the Agreement may be transferred by Emma to a third party without further notice.
5.3. Due to the nature of the Application and its planned development, it may be necessary to amend these Terms. Emmy may unilaterally change these Terms and Conditions to a reasonable extent, including, in particular, corrections of inaccuracies, changes related to changes in the functionalities of the Application or charging for them, changes to the price list, changes to the Privacy Policy and Cookies Policy, as well as changes enforced by changes in legislation. Emmy will notify you of changes to the Terms at least 30 days prior to the effective date of the new Terms by posting the new terms in the App interface or on the website. www.emmy.sk, in the case of more substantial changes, then also by a message sent to the e-mail address associated with your User Account. You have the right to refuse the changes made to the Terms and for this reason, no later than 15 days after Emma's notification of the changes, to terminate the Agreement. The notice period is 15 days. If you do not terminate the Agreement within the time limit, you are deemed to have accepted the changes to the Terms and the new version will become part of your Agreement with Emmy instead of the original one. The effective version of the Terms is always published within the Application and on the website www.emmy.skYou are obliged to keep up to date with her.
5.4. You can contact Emmy with your complaints at the contact below. Information about the handling of the complaint will always be sent to the email address associated with your User Account.
5.5. In the event that a consumer dispute arises between Emmy and you as a consumer that cannot be resolved by mutual agreement, you are entitled to submit a proposal for out-of-court resolution of such dispute to the competent entity for out-of-court settlement of consumer disputes, which is: Slovak Trade Inspection Department for International Relations and Alternative Resolution of Consumer Disputes. Baikalska 21/A, 827 99 Bratislava 27, Email: ars@soi.sk, adr@soi.sk, Telephone number: +421 (0) 2/58 27 21 23, +421 (0) 2/58 27 21 41. Alternatively, you can also use the online dispute resolution platform set up by the European Commission, which is available at: https://ec.europa.eu/consumers/odr/.
5.6. All legal relationships between you as a User and Emmy arising out of or in connection with the Agreement shall be governed by the laws of the Slovak Republic. Any disputes arising out of or in connection with the Agreement shall be resolved by the competent courts of the Slovak Republic, exclusively in accordance with the law of the Slovak Republic.
5.7. The invalidity of any provision of these Terms shall not affect the validity of their other provisions.
5.8. You can contact Emmy with any questions or requests at info@emmy.sk.
Versjon 1.1
Effectiveness from: 1. 1. 2023
Download the document here.